To combat online scams and protect users who increasingly fall into scams on the web, email and social networks, Fratelli d’Italia today presented a specific bill to the Chamber of Deputies, supported by the consumers of Consumerismo Non Profit.
The bill is inspired by the objective data of the constant growth of online scams resulting from the exponential increase in product sales through the use of websites, and responds to the need to provide criminal law with adequate repressive tools: in particular there is no a specific regulatory provision that contemplates this form of fraud and there are no repressive tools that can constitute a reasonable deterrent.
It is therefore intended to provide three types of specific aggravating circumstances. In particular, the proposed law, which consists of a single article, modifies some articles of the penal code and, in particular, paragraph 1 provides for the “mandatory confiscation” of IT tools in the possession of the perpetrator of the scam (computers, mobile phones, tablet), essential tools for the commission of the crime and of which it appears absolutely appropriate to deprive the offender, given among other things that, for the majority of cases found, these are “serial” subjects, i.e. dedicated to the commission of a multiplicity of scams of the same kind.
Paragraph 2, letter a), provides for a “specific aggravating circumstance” for fraud which is carried out through the sale of products through sites and IT platforms, given that the lack of direct contact between the parties allows, on the one hand, the potential fraudster to more easily shield their real identity and, on the other hand, prevents the buyer from subjecting the product he intends to purchase to an effective preventive check; this “weak” situation of the online buyer justifies greater protection of the same.
Letter b) provides that this type of crime can be prosecuted upon complaint; in fact, given the large number of cases, it does not appear appropriate for these hypotheses to provide for ex officio prosecution which would overwhelm the judicial offices.
Paragraph 3 introduces the “confiscation also for equivalent” of the profit from the crime, provided for by article 322-ter of the penal code only for some crimes, but not for fraud. The extension of this form of confiscation at least to scams carried out with online sales appears highly appropriate given that the direct confiscation of the sum constituting the profit made through such crimes is almost always impossible, while confiscation by equivalent allows the attack on any property owned by the offender which has a value equivalent to the undue profit he has made.
Who are the signatories
The bill is signed by deputies Giorgianni, Almici, Ambrosi, Amich, Amorese, Baldelli, Benvenuti Gostoli, Cannata, Caretta, Cerreto, Ciaburro, Comba, Frijia, Iaia, Lampis, La Porta, La Salandra, Longi, Loperfido, Maiorano , Marchetto Aliprandi, Mascaretti, Michelotti, Milani, Polo, Fabrizio Rossi, Urzì, Zucconi, Zurzolo and supported by the consumer association, Consumerismo No Profit.
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